Capital one keep phoning

lmclean100

Thanks for that Mandi. I'll do that when they phone tomorrow which no doubt they will.

Blueforyou, that was a bit like the conversation this morning. The wee guy kept asking me to confirm who I was so I kept saying that I'm me. When he wanted to ask the security questions I told him I couldn't answer them, so he'd ask me again if I was me, this happened a few times. That's when he got a bit fed up and said that they would continue to phone me. Told him to put it in writing.

Luckily I'm in a room on my own otherwise it would be embarrassing having these constant phone calls.

L

lmclean100

Well, have had my third phone call of the week from Capital One, and was told that unless I phoned them they would continue to phone me. What part of I will only communicate in writing don't they understand.

Decided to send the letter below, it might be a bit over the top but starting to get really annoyed with them now.

FORMAL COMPLAINT


Dear Sirs

Harassment by telephone

Account Number: *****
Having written to you before on 24th September by recorded delivery which was signed for on 25th September 2009. I find myself having to write to you again in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

Having received my initial letter dated 24 September 2009 which was sent recorded delivery, you have continued this harassment. To date I have received phone calls to my place of employment on 8, 9, 19, 20, 26, 27 and 28 October. I have been informed by your employees that they will continue to make these phone calls, I appreciate that your call centre staff in India may have difficulty in understanding English but I find this continued harassment unacceptable. There have also been numerous silent calls which I can only assume are from your call centre.

This continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997 and also in breach of the Communications Act (2003) s.127. As your staff have informed me that these phone calls will continue I see no alternative but to report you to the Office of Fair Trading.

I have forward to the Office of Fair Trading copies of the written correspondence I have sent to you.

Yours sincerely

lmclean100

Do you think I gone over the top?

L

fermi

lmclean100 wrote: »

Do you think I gone over the top?

L

Nope.

In fact...........

You have a right to demand that all telephone numbers for you are removed from their system, including home/mobile ones.

See this post from CCCS:

CCCS_Emily wrote: »

Whether the account is with the original creditor or not if you request your telephone number to be removed from your account and request a creditor contacts you only by post they are obliged, by the Data Protection Act, to do so. You need to make this request in writing and send it special delivery mentioning that if they do not remove your number that they will be in breach of the DPA and you will report it to the Information Commissioner. If they do not do as you ask you can make a complaint to them, again mentioning the DPA and Information Commissioner, and if they still continue to call then report it.

Your creditors do need to have contact details for you, but an address is all they need. If they have anything important to tell you they need to do it in writing anyway, as do you to them. You need to know what is going on with your debt and who is collecting it at any given time, so the payments go to the right place.

So you might want to add something like:

FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.

The processing and use of these numbers is causing significant distress.

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.


Yours faithfully,

lmclean100

Thanks Fermi. Wasn't too sure about the DPA. I'll send of a letter tomorrow to Capital One.

Sending these letters registered post is costing a fortune. If they just acknowledged the letters it would mean I'd have more money to pay off the debt. True its only a couple of pounds but it all adds up.

L

Booie_2

They are a pain they called me SUNDAY, she asked for me, I didnt answer, i asked who that was, she ignored my question, asking me again if i was me, i said, you called this number, so who is this please. we went on like this 6 times before she finally said who she was, so i told her i was who she was asking for, she then said, you need to confirm some security details, so i said, you called me, can you tell me my security password? she said, no you need to confirm your details, I said, no, you called me, you tell me my password, she said i can't. I said, ok, give me 3rd and 5th letter, she said you need to do a security check, I ended up telling her that it was my family day, so she should call me back working hours, mon-fri, with the details i require to access my account. it still didnt phase her, ended up
If it hadn't of been a sunday, i may have been a little friendlier, but she wasn't a gold customer service privider.
Will definately try what Mandi says.

lmclean100

Hi

I actually changed my home phone number as they were phoning my home number up to four times a day Monday - Friday between 9 - 4 pm. Now most people work between 9 - 5 pm Monday - Friday (I know that there are a lot of shift workers out there so don't mean any offense). Why do they phone during that time when the chances of getting hold of you are extremely thin!

My mum, who lives with me, was answering the phone, and they actually started shouting at her because she couldn't understand what they were saying. She was giving me all sorts of weird messages because their accents were so strong and coupled with getting shouted at didn't help. One time I was at home when they phoned and they were extremely rude, so thought what's good for the goose is good for the gander and was rude back - well not so much rude but I just kept asking them to repeat themselves as I didn't understand what they were saying because of their strange accent. That call went on for about 10 mins before the wee woman hung up on me. That's when I decided to get the number changed, so phoned BT and the number was changed overnight. and it was FREE.

Wish I'd thought to ask her for the security details - I like that.

L

lmclean100

Well, Capital One have phoned me twice today at work so far. Refuse to answer the security questions and on the last call, told the woman that I'd reported them to the Office of Fair Trading and that they knew that as they'd signed for the letter last Thursday, and that OFT would be in contact with them soon. She slamed the phone down - obviously didn't make her day!!

dancingfairy

Lol. Good for you. I think those that can stand up to them should so that others that are more vulnerable might be afforded more protection. I do think people should pay there debts back but I can't see how harrassment is going to help anybody - if people can't pay then they can't pay.
Oh - there is a really great thread called something like "having fun with Debitas" and a great poster who thought of loads of great ways of winding up creditors when they called. I'll see if I can find it - it'll make you laugh 'till you cry.
df
See here http://forums.moneysavingexpert.com/showthread.html?t=741653
- it's a legendary thread!

MikeThomas

lmclean100 wrote: »

Hi

I actually changed my home phone number as they were phoning my home number up to four times a day Monday - Friday between 9 - 4 pm. Now most people work between 9 - 5 pm Monday - Friday (I know that there are a lot of shift workers out there so don't mean any offense). Why do they phone during that time when the chances of getting hold of you are extremely thin!

My mum, who lives with me, was answering the phone, and they actually started shouting at her because she couldn't understand what they were saying. She was giving me all sorts of weird messages because their accents were so strong and coupled with getting shouted at didn't help. One time I was at home when they phoned and they were extremely rude, so thought what's good for the goose is good for the gander and was rude back - well not so much rude but I just kept asking them to repeat themselves as I didn't understand what they were saying because of their strange accent. That call went on for about 10 mins before the wee woman hung up on me. That's when I decided to get the number changed, so phoned BT and the number was changed overnight. and it was FREE.

Wish I'd thought to ask her for the security details - I like that.

L

Sorry if this has already been asked, but why are they phoning you?